2014 Idaho Statutes
Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES
Chapter 45 - PUBLIC WORKS CONSTRUCTION MANAGEMENT LICENSING ACT
Section 54-4511 - AWARD OF CONTRACTS -- DUAL CAPACITY.

TITLE 54

PROFESSIONS, VOCATIONS, AND BUSINESSES

CHAPTER 45

PUBLIC WORKS CONSTRUCTION MANAGEMENT LICENSING ACT

54-4511. award of contracts -- Dual capacity. (1) Construction manager representative (CMR). A licensed construction manager and the firm of which he is a principal or full-time employee may be awarded a contract to act only as representative for an owner. In soliciting bids or awarding contracts for public works construction to be entered into by the owner, a licensed construction manager representative shall comply with all notice and bidding laws with which an owner would be required to comply if it were to do the same activities without the assistance of a construction manager. A licensed construction manager representative and the firm of which he is a principal or employee shall not provide construction management services for a construction project on which the licensed construction manager or his firm also provides design services or other construction related services, whether as a contractor or subcontractor. Provided however, that this section shall not preclude a licensed architect or registered professional engineer from providing public works construction management services which are normally provided by licensed architects or registered professional engineers for a project on which the person or firm has provided design services. Such public works construction management services provided by a licensed architect or registered professional engineer shall not include the procurement of equipment or construction work required by law to be competitively bid for public works construction.

(2) Construction manager/general contractor (CM/GC). A licensed construction manager and the firm of which he is a principal or full-time employee may be awarded a contract to act as both construction manager and general contractor provided the construction manager/general contractor has a valid public works contractor license as a general contractor pursuant to section 54-1902, Idaho Code.

(3) No public entity shall enter into a contract with any person or firm for construction management services as construction manager representative or as construction manager/general contractor if such person or firm is required to be licensed under this chapter unless:

(a) Such person holds a valid license or such firm holds a valid certificate issued pursuant to this chapter; and

(b) The selection of such construction manager representative or construction manager/general contractor is made pursuant to section 67-2320, Idaho Code.

(4) Compensation of a construction manager shall be determined pursuant to section 67-2320, Idaho Code. At such time as the design of a project is available, the construction work, materials and equipment for construction of a project may be incorporated into the construction manager/general contractor contract based upon bids solicited from licensed public works contractors and from suppliers. All construction work, materials and equipment shall be competitively bid to be opened publicly in the presence of a representative of the public body for whom the project is undertaken and shall be awarded to the lowest responsible bidders. The construction manager/general contractor, or its subsidiaries and affiliated companies, may bid to perform construction work or supply materials or equipment for which it holds a valid license pursuant to section 54-1902, Idaho Code, and which it customarily self-performs or supplies.

History:

[54-4511, added 1998, ch. 410, sec. 1, p. 1271; am. 2014, ch. 132, sec. 2, p. 368.]